Looking back to look forward: Case note on S v Madondo & Anor 2015 (1) ZLR 807(H)

Abstract

The advent of the new Constitution1 in 2013 ushered in a new constitutional paradigm anchored on the sacrosanct principle of supremacy of the constitution. It envisages an open and democratic society where the enjoyment of human rights by citizens is paramount and takes precedence over all else. To give meaning to this aspiration, courts have a positive duty to ensure that citizens’ rights are not lightly curtailed through the conduct of state machinery or laws passed by the state.The courts are therefore called upon to view the constitution as an organic or living document whose continued growth depends on their judicial decisions.2 In that regard, when interpreting constitutional provisions especially the bill of rights, a court is obliged to give a generous and wide interpretation in favor of enjoyment of rights as against their restriction.